[2019] KEHC 6797 (KLR)
The court found that the application for garnishee orders was unopposed and that the applicant had established sufficient grounds through the motion and supporting affidavit. In the absence of any opposition or contrary evidence from the respondent or garnishee, the court was satisfied that the applicant was...
Source-derived case information.
- Citation
- [2019] KEHC 6797 (KLR)
- Parties
- Plaintiff: Fanaka Vijana Investments Ltd; Defendant: Josan Services Limited; Garnishee: The Co-operative Bank of Kenya Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 186 of 2017
- Procedural Posture
- Civil Suit / Ruling on Unopposed Motion for Garnishee Order
- Outcome
- application allowed as prayed
- Judges
- JK Sergon
- Legal Topics
- Garnishee Proceedings, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Fanaka Vijana Investments Ltd
Plaintiff
Josan Services Limited
Defendant
The Co-operative Bank of Kenya Ltd
Garnishee
Procedural Posture
Civil Suit / Ruling on Unopposed Motion for Garnishee Order
Legal Issues
- 1 Whether the applicant is entitled to the orders sought in the unopposed garnishee application.
Ratio Decidendi
The court found that the application for garnishee orders was unopposed and that the applicant had established sufficient grounds through the motion and supporting affidavit. In the absence of any opposition or contrary evidence from the respondent or garnishee, the court was satisfied that the applicant was entitled to the orders sought. The application was therefore allowed as prayed, enabling the applicant to enforce the judgment against the funds held by the garnishee bank on behalf of the judgment debtor.
Court Disposition
application allowed as prayed
Orders
- The application dated 9/4/2019 is allowed as prayed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL SUIT NO. 186 OF 2017
FANAKA VIJANA INVESTMENTS LTD....PLAINTIFF/APPLICANT
-VERSUS-
JOSAN SERVICES LIMITED................DEFENDANT/RESPONDENT
AND
THE CO-OPERATIVE BANK OF KENYA LTD...............GARNISHEE
RULING
Having considered the grounds stated on the face of the motion dated 9/4/2019 plus the facts deponed in the supporting affidavit, the motion is unopposed.
I find the application to be meritorious hence, it is allowed as prayed.
Dated, Signed and Delivered at Nairobi this 30th day of May, 2019.
..............................
J. K. SERGON
JUDGE
In the presence of:
.....................for the Plaintiff/Applicant
..............for the Defendant/Respondent